The voice actor voted out? The use of AI in voice-overs

Voice actors have a new competitor called artificial intelligence, better known as AI. Today the Dutch arm of the supermarket chain Aldi announced that it is replacing voice actor Diederik Ebbinge, for almost four years the voice behind the well-known Aldi commercials, with artificial intelligence. As far as we know, a first for the Netherlands.

Aldi is said to have built the AI voice from the voices of ten of the chain’s own employees, using software from Soundcircus. Thanks to this AI voice, Aldi is able to make commercials more cheaply. For other companies, probably an interesting prospect…

Because it is not just supermarkets that can deploy AI for their campaigns. Producers, (television) broadcasters, radio stations, podcast producers, game developers, animation studios, you name it, can use AI for their voice-overs too. Here are a few tips for contracts.

The voice actor who gives away their voice

Recording a voice-over the ‘old-fashioned’ way means that a voice actor is engaged to record a piece of text. In contracts of this kind it is often agreed that the voice actor assigns all rights in the recorded text to, for instance, the producer. That is usually accompanied by a list of the purposes for which the recorded text may be used.

Many contracts will not currently contain any clause on whether synthetic versions of the recorded text may be made. And by synthetic versions we mean versions created or modified by AI. With the rise of voice-generating AI, it is certainly wise to agree in advance on the producer’s right to use the voice, with the help of AI, to generate synthetic versions. And on whether or not additional remuneration is due for that.

It is also sensible to think in advance about all the things the producer may use the voice actor’s voice for. Is the intention that the voice actor’s AI voice may only be used for that particular commercial? Or is the client to be given the right to make all future commercials with the help of the voice actor’s AI voice, without involving the voice actor at all? Here too, it is advisable for both client and voice actor to set conditions on the use of the voice actor’s voice.

Thought also needs to be given to what may be done with the AI voice once the contract with the voice actor ends. Will the producer, for instance, still be able to use the AI voice after termination?

Finally, there is a positive reason for using a voice actor’s AI voice. AI systems can produce a synthetic version from fragments of sound recordings, which can be deployed if the voice actor suddenly dies or cannot continue working because of illness. That does have to be agreed contractually, and thought must be given to any remuneration for the family.

As film law and media law lawyers we have a great deal of experience in drafting contractual provisions of this kind. So if you are considering using AI in voice-overs, or if you are a voice actor being asked to allow your voice to be used for synthetic versions, do get in touch. We can look together at the options for such contractual provisions.

Source: AD, “Aldi-stem Diederik Ebbinge gedumpt voor een ander, die niet bestaat: ‘Vervelende ontwikkeling’”, news report 12-04-2024